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| Standard Number: | 1910.106(a)(18); 1910.178; 1926.155; 1910.106(a)(19) |
| Status: | Archived |

| NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only. |
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September 6, 1977 Mr. William F. Black Vice President J.W. Bateson Company, Inc. 100 C Street, S.E. Washington, D.C. 20003 Dear Mr. Black: This is in response to your letter dated March 23, 1977, and confirms a recent telephone conversation with a member of my staff. Your letter concerned 29 CFR 1926.152 as it applies to Flintkote Trowel Mastic 710-23. Subpart F of 29 CFR 1926 does not contain a definition of "liquid", therefore, in following 29 CFR 1910.5 and Chapter VIII of the Field Operations Manual you should go to 29 CFR 1910.106(a)(17) which defines "liquid" as: ...any material which has a fluidity greater than that of 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-5-65.The definition would exempt Flintkote Trowel Mastic 710-23 from coverage by 29 CFR 1926.152 if the penetration of this material is in the 70 to 90 range. If I can be of any further assistance, please feel free to contact me. Sincerely, Richard P. Wilson Deputy Director Federal Compliance and State Programs |

| NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only. |
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